United States v. Alameda Gateway, Ltd.

MEMORANDUM AND ORDER

PATEL, District Judge.

Plaintiff United States of America brought this action against defendant Alameda Gateway, Ltd., (“Gateway”) alleging that Gateway’s refusal to remove portions of two piers in Oakland’s Inner Harbor is a violation of the Rivers and Harbors Act of 1899 (“RHA”), 33 U.S.C. §§ 403, 406. Now before the court is the United States’ motion for an injunction barring Gateway from obstructing, hindering or interfering with the Army Corps of Engineers’ plans to remove the ends of the two piers in order to create a new turning basin.

Having considered the parties’…